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MS HB814
Bill
Status
1/31/2023
Primary Sponsor
Solomon Osborne
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AI Summary
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Requires all custodial interrogations in places of detention by law enforcement to be electronically recorded (audio, video, and/or digital) from the advice of rights through the end of the interview, with cameras focused on both the officer and suspect.
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Permits exceptions to the recording requirement if a court finds the interview was routine booking, conducted before a grand jury or court, had suspect/attorney consent, involved equipment malfunction, occurred outside Mississippi, posed safety concerns, investigated non-felony crimes, involved exigent circumstances, or was used only to impeach prior testimony.
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Requires trial judges to provide a specific cautionary jury instruction if prosecutors introduce an unrecorded interview without establishing a valid exception, directing jurors to scrutinize the reliability of testimony about what was said since no recording was made as required.
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Mandates law enforcement agencies preserve electronic recordings identified with date, time, officer names and badge numbers until all appeals and post-conviction proceedings conclude or applicable statutes of limitations expire.
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Authorizes the Department of Public Safety to provide grants to local law enforcement agencies for recording equipment and to develop training programs on electronic interrogation recording methods.
Legislative Description
Custodial interrogations; authorize electronic recording of.
Last Action
Died In Committee
1/31/2023